Rosy has recently moved to a small block of land in the suburbs. Her new neighbor, David has a fondness for golf and is often practicing his golf swings in his backyard. To Rosy's distress, many golf balls are hit into her garden every evening. She has tried to warn David, but he ignored her warnings. Rosy is annoyed at the situation and wants to teach David a lesson. One day, while gardening in her front yard, Rosy saw David walking on the side road behind Rosy. She waited for David to come near her and when David approached near Rosy, she suddenly turned around stretching her arms and hit David on his face with the gardening tool she was holding, causing severe head injury to David? She acted smartly and behaved as if it was an accident, apologized to David and offered to take him to the hospital. David is now looking to sue Rosy for damages sustained by him.

Required:

Advise David whether he would be successful in his legal suit against Rosy or not. Support your advice by giving the legal reasoning and one precedent to convince David on your advice.

( Solve in Issue, Rules, Application, and Conclusion)